|
19-3B-401
Section 19-3B-401 Methods of creating trust. A trust may be created by: (1) transfer of property
to another person as trustee during the settlor's lifetime or by will or other disposition
taking effect upon the settlor's death; (2) declaration by the owner of property that the
owner holds identifiable property as trustee; (3) exercise of a power of appointment in favor
of a trustee; or (4) a court in the exercise of its equitable powers. (Act 2006-216, p. 314,
ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-401.htm - 817 bytes - Match Info - Similar pages
19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly provide
by specific reference to this section, then a trustee may have the power to adjust between
principal and income to the extent the trustee considers necessary if (1) the trustee invests
and manages trust assets as a prudent investor; (2) the terms of the trust describe the amount
that may or must be distributed to a beneficiary by referring to the trust's income, and (3)
the trustee determines, after applying the rules in Section 19-3A-103(a), that the trustee
is unable to comply with Section 19-3A-103(b). (b) In deciding whether and to what extent
to exercise the power conferred by subsection (a), a trustee shall consider all factors relevant
to the trust and its beneficiaries, including, but not limited to: (1) The nature, purpose,
and expected duration of the trust; (2) The intent of the settlor; (3) The identity and circumstances
of the beneficiaries; (4) The needs for liquidity for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3A-104.htm - 6K - Match Info - Similar pages
19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-816.htm - 10K - Match Info - Similar pages
37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-6-3.htm - 19K - Match Info - Similar pages
19-3B-602
Section 19-3B-602 Revocation or amendment of revocable trust. (a) Unless the terms of a trust
expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.
This subsection does not apply to a trust created under an instrument executed before January
1, 2007. (b) If a revocable trust is created or funded by more than one settlor, then: (1)
to the extent the trust consists of community property, the trust may be revoked by either
spouse acting alone but may be amended only by joint action of both spouses; (2) to the extent
the trust consists of property other than community property, each settlor may revoke or amend
the trust with regard to the portion of the trust property attributable to that settlor's
contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the
settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust: (1) by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-602.htm - 2K - Match Info - Similar pages
19-3D-19
Section 19-3D-19 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TAX-RELATED LIMITATIONS.
(a) In this section the following terms have the following meanings: (1) GRANTOR TRUST. A
trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. Sections
671 through 677, as amended, or 26 U.S.C. Section 679, as amended. (2) INTERNAL REVENUE CODE.
The United States Internal Revenue Code of 1986, as amended. (3) NONGRANTOR TRUST. A trust
that is not a grantor trust. (4) QUALIFIED BENEFITS PROPERTY. Property subject to the minimum
distribution requirements of 26 U.S.C. Section 401(a)(9), as amended, and any applicable regulations,
or to any similar requirements that refer to 26 U.S.C. Section 401(a)(9) or the regulations.
(b) An exercise of the decanting power is subject to the following limitations: (1) If a first
trust contains property that qualified, or would have...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3D-19.htm - 8K - Match Info - Similar pages
26-1A-211
Section 26-1A-211 Estates, trusts, and other beneficial interests. (a) In this section, "estates,
trusts, and other beneficial interests" means a trust, probate estate, guardianship,
conservatorship, escrow, or custodianship or a fund from which the principal is, may become,
or claims to be, entitled to a share or payment. (b) Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to estates,
trusts, and other beneficial interests authorizes the agent to: (1) accept, receive, receipt
for, sell, assign, pledge, or exchange a share in or payment from the fund; (2) demand or
obtain money or another thing of value to which the principal is, may become, or claims to
be, entitled by reason of the fund, by litigation or otherwise; (3) exercise for the benefit
of the principal a presently exercisable general power of appointment held by the principal;
(4) initiate, participate in, submit to alternative dispute resolution,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-1A-211.htm - 2K - Match Info - Similar pages
19-3A-106
Section 19-3A-106 Conversion to unitrust. (a) Unless expressly prohibited by the governing
instrument, a trustee may convert a trust into a unitrust as described in this section if
all of the following apply: (1) The trustee has concluded that the conversion will enable
the trustee to better carry out the intent of the settlor or testator and the purposes of
the trust. (2) The trustee gives written notice of the trustee's intention to convert the
trust into a unitrust, including the trustee's initial decisions as set forth below, to all
the qualified beneficiaries. The written notice shall include the following: a. An explanation
of how the unitrust will operate; b. The effective date of the conversion to a unitrust; c.
The unitrust percentage to be used; d. The provisions for prorating a unitrust distribution
for a short year in which a beneficiary's right to payments commences or ceases; e. Whether
the net fair market value of the trust assets will be determined annually or averaged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3A-106.htm - 13K - Match Info - Similar pages
30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce or annulment.
(a) In this section, the following terms have the following meanings: (1) DISPOSITION OR APPOINTMENT
OF PROPERTY. Includes a transfer of an item of property or any other benefit to a beneficiary
designated in a governing instrument. (2) DIVORCE or ANNULMENT. Any divorce or annulment,
or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse
as a surviving spouse within the meaning of Section 43-8-252. A decree of separation that
does not terminate the status of husband and wife is not a divorce for purposes of this section.
(3) DIVORCED INDIVIDUAL. An individual whose marriage has been terminated by divorce or annulment.
(4) GOVERNING INSTRUMENT. An instrument executed by the divorced individual before the divorce
or annulment of his or her marriage to his or her former spouse. (5) RELATIVE OF THE DIVORCED
INDIVIDUAL'S FORMER SPOUSE. An individual who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-4-17.htm - 6K - Match Info - Similar pages
11-97-10
Section 11-97-10 Security for payment of bonds; contracts and agreements to secure. (a) Bonds
issued by any corporation may, as its board may deem advisable, be either general obligations
of such corporation or limited obligations payable only out of certain specified revenues
or assets of such corporation; provided, that any corporation may enter into contracts with
the holders of any of its bonds preventing such corporation from thereafter issuing general
obligation bonds or limiting the amount of such bonds that may thereafter be issued. To the
extent permitted by any contracts with the holders of outstanding bonds and any other contractual
obligations or requirements, any corporation may pledge any of its revenues or mortgage or
assign any of its assets, whether real or personal and whether tangible or intangible, to
secure the payment of any of its bonds. (b) As security for payment of the principal of and
the interest and premium, if any, on any bonds issued or assumed by it, any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-97-10.htm - 8K - Match Info - Similar pages
|